PDAS FARRAR MEETS COLOMBIAN LAND OFFICIALS

C O N F I D E N T I A L BOGOTA 004825 SIPDIS SIPDIS E.O. 12958: DECL: 07/06/2017 TAGS: PTER PGOV PREL ECON CO SUBJECT: PDAS FARRAR MEETS COLOMBIAN LAND OFFICIALS REF: BOGOTA 3855 Classified By: Political Counselor John S. Creamer. Reason: 1.4 (b,d) -------------- Summary -------------- ¶1. (C) DRL PDAS Jonathan Farrar met with officials of Colombia's rural land development agency (INCODER) and the Ministry of Agriculture and Rural Development (MinAg) in a June 24-29 visit. INCODER and MinAg officials described provisions in the new rural development law that protect the rights of vulnerable groups. They also discussed GOC efforts to return land occupied by African palm producers to Afro-Colombian communities in Choco. Officials at INCODER and the MinAg admitted a development plan for Afro-Colombians had not been formulated in accordance with a 1993 law (Law 70),but claimed their work facilitated Afro-Colombian economic development. End Summary. ¶2. (U) On June 26, DRL PDAS Jonathan Farrar met with the Rodolfo Campo Soto, the head of Colombia's rural land development agency, the InstitutoColombiano de Desarrollo Rural ("INCODER"). Soto was accompanied by Assistant Manager Luis Orozco. On June 28 Farrar met with MinAG officials Marcela Uruena, Director of Rural Development, Eugania Mendez, Director of Legal Affairs, and Lorena Garnica, a special advisor to the MinAG. Farrar was accompanied by DRL desk officer Jennie Munoz and poloffs. -------------- A New Rural Development Law -------------- ¶3. (C) INCODER's Soto and the MinAg'sGarnica said the biggest change introduced by the new rural development law (septel) is that multiple government agencies will assume responsibility from INCODER for helping vulnerable groups with land related issues. Accion Social will be responsible for land issues for displaced persons, the Ministry of the Interior and Justice's Office of Ethnic Affairs will be responsible for land issues for ethnic minorities, and the Office of Disasters will be responsible for land issues for victims of natural disasters. Garnica explained that the responsible agencies will decide on solutions to land problems which INCODER will then execute. ¶4. (C) Soto and Garnica admitted the transition in responsibility will be a huge challenge. The provision was a last-minute addition to the law and lacks details. Implementing regulations will be required, but developing them may be a contentious process. The agencies were not involved in developing the provision, and all lack the personnel and resources to meet their new responsibilities. -------------- -------------- Displaced Afro-Colombian Communities in Curvarado and Jiguamiando -------------- -------------- ¶5. (C) Farrar asked Soto and the MinAg'sUruena about the status of the Curvarado and Jiguamiando cases in which displaced Afro-Colombian communities in the department of Choco returned home to find their lands occupied by African palm plantations (reftel). Uruena described the cases' background and detailed the different types of legal claims involved. The cases are complex because of the mix of legitimate private properties and illegal claims within different Afro-Colombian communal territories, and the lack of well-defined property boundaries. Soto said INCODER expects to identify conflicting land claims and boundaries within months, and that lands could be returned to Afro-Colombian communities by the end of the year. Still, litigation over land ownership in the area is likely to continue. ¶6. (C) INCODER's Orozco said a key question is whether Afro-Colombian communities and palm plantations will reconcile their differences and cooperate. He noted that African palm cultivation was one of the few viable livelihoods available to Curvarado and Jiguamiando residents, and there were good examples in other areas of local communities working together with palm companies. Orozco worried that "radicals" in the two communities would attempt to destroy all the plantations. Uruena noted that if Afro-Colombian communities did not want palm plantations on their land, they could "bulldoze" the plantations without providing compensation. Orozco said a reconciliation would require the involvement of the government, human rights groups, and the international community. -------------- Afro-Colombian Development? -------------- ¶7. (C) Farrar asked whether there was a development plan for Afro-Colombians in accordance with 1993's Law 70. Orozco andGarnica explained that necessary implementing regulations had never been developed. Orozco suggested Afro-Colombian communities are partially at fault for not working with the government to develop regulations. Orozco and Garnica said their agencies facilitated Afro-Colombian development, but noted that banks will not accept Afro-Colombian communal territories as collateral because they are legally inalienable. Garnica said the MinAg was working on that issue and that government agrarian institutions might be able to guarantee future loans. ¶8. (U) PDAS Farrar cleared this message. Drucker =======================CABLE ENDS============================